This blog is a result of the heavy censoring of the media by the military dictatorship regime.

Saturday, September 29, 2012

CCF: No to immunity and yes to Caretaker Government

The
final Citizens Constitutional Forum's submission to the Yash Ghai
Commission calls for a 'no immunity' policy for coup perpetrators and
the installation of a caretaker government as recommended by the 2009
Court of Appeal.

It also repeats a call made by many: that there be a clear delineation between police and military.

30 comments:

Excerpts from The Road to Jericho: The Collected Works of Dakuwaqa, banned in Fiji:

"The regime has some non-negotiable positions? Well, I'd like to offer a few non-negotiables of my own.

"First, no negotiations at gunpoint. You want to talk? Return to the barracks. No negotiations with terrorists.

"Second, no amnesty for traitors, full stop.

"Third, no political role for the RFMF. The RFMF must have entirely new leadership. Why? See Non-negotiable Number Two.

"Fourth, Fiji has no moral or legal obligation to assume the debts amassed by illegal governments. Yes, China and India, I mean you.

"Fifth, no illegal regime can make changes to Fiji's Constitution. Want changes? Fine, restore constitutional government, and then we'll talk. To advocate extra-constitutional means to such ends is treason.

"Sixth, a credible and independent Truth & Reconciliation Commission must convene to set the record straight on all that has happened since Rabuka's first coup and to affix culpability.

"Will the regime agree to these terms? Of course not. But it doesn't intend to compromise in its tyranny, so why should we compromise in our justice? Thugs like Bainimarama are driven out by bullets, not by ballots.

"Don't get me wrong. My goal is not regime change. If Bainimarama were to win a free and fair and meaningful election, then yes, the ballot would be the proper remedy. But let's not delude ourselves for a moment into thinking that Bainimarama might take such a gamble by allowing such an election, much less win it.

"Better not to give to the tyrant that which he plans to take by force. Better just to maintain our principles while he arouses our indignation. Because if we would but screw our courage to the sticking place, we cannot fail to deliver Fiji from his infernal bondage."

We applaud the CCF for their foresight to be one of the few recognizing the Fiji Diaspora as a formidable force to reckon in Fiji socio economic political development.

With the absence of CCF itemizes note in the submission it is rather difficult to follow or even guess CCF’s “no immunity’ plea to the Review Commission.

Should we then ask obvious WWW test questions??... like…”what”, “when”, “who”??...immunity from what?....when does the moral or legal ruler fall from?...who are we talking about that warrants investigation or redemption??.

...of course, of course the likely culprits in many deductions are Bainimarama and Aiyuz partnership…oh…how about the past and present members of the Military council?..alleged colluding members of Senior Police force?...past and present members of the Cabinet?....members of the Judiciary who administered the oaths of office …and may be pro Bainimarama supporter of the CCF…

Then retrospective blame may also fall on those who could have stopped the seditious events of Dec 2006 but were probably busy with their own belief in their ability to hold things together….which proves wrong..

Then…those in the last 6 years who have benefitted from alleged wheeling and dealing, alleged nepotism, favoritism etc etc…In some views benefitting from the proceeds of the originating and ultimate crime of Dec 2012.

..how about the rest of us?..who may have done nothing at all when we could have done something pre and post Dec 2006? (but anonymously blog away in nothingness)

..mmmm…the big question would them be asked as to where does the doctrine of necessity and immunity wed to procreate redemption and liberty..and thence forth restitution to those deprived of love ones and properties…

.are we in a bloody mess??

…we do not think so…we still have mega goodwill and tolerance around to build upon…..or are we gonna throw all alleged culprits in jail, lock the cell until the end of their natural life and …uh…play their game???...we're still human, mind you!

The rights of Fiji’s workers have been pledged to be upheld by government at a speech at the United Nations General Assembly.

Speaking on behalf of Prime Minister Commodore Voreqe Bainimarama, Foreign Minister Ratu Inoke Kubuabola said the Fiji government is committed to a future of equality and opportunity for all Fijians, including ensuring that the rights of the working people are protected and extended.

He added they seek to ensure that unions can take collective action as directed by their member workers.

Meanwhile, a government delegation is heading for Washington next week to defend an attempt by the Fiji Trades Union Congress to stop Fiji from benefitting from the US Generalized System of Preferences (GSP) Scheme which since 1976, has given certain Fijian exporters duty free access to the United States.

Earlier Fiji Trades Union Congress (FTUC) national secretary Felix Anthony said government’s case to prevent Fiji’s withdrawal from the GSP scheme could have been assisted during the International Labor Organisation’s mission visit which they did not take the opportunity to do so.

39 Fijian companies and 15,000 jobs will be lost if Fiji is removed from the US Generalized System of Preferences (GSP) scheme according to Industry and Trade Permanent Secretary Shaheen Ali.

By the way, perhaps The Logo for the Citizens Constitutional forum should be changed to "One Notion, Confused People" !It sounds as if they are getting advice and direction from Pauline Hanson and Peter Foster again.

WTF...don't really see the point inpeople being so stringent over theImmunity question for the militaryor those involved in the coup?If you were a slave and someone offered you a way out to escape tostart-off a new & better lives,would you not take it? If youwere hungry or thursty while tracking on a deserted wilderness,and found a locked house or store, in the middle of the desert, with no one inside,would you not break thelock to get at the food & water inside?Although you know, the contents isnot yours, would you rather stay outside and die or would you ratherget inside first,live and then figure out how to deal with the payments & owner? I say give these assoles,the immunity they don't deserve?Wewant our freedom back and democracyto reign in our lives-so lets do it, and stop been an assole!!!

Cannot trust CCF, a non representative organisation, that has been riding on the waves and currents of politics.

What is its position on the 1997 constitution as upheld by the courts.Why only recommend that parts of it be maintained?, CCF has lost the plot, anyway, it's not surprising that organisations like these change positions when wind directions change.What has happened to the awareness program on the 1997 constitution?, when it is now singing a new tune.

good on you Re Yabaki.finally you have seen light now and doing the right thing.No immunity for any coup makers.Coup makers have to face the court of law.We need to keep the 1997 constitution.No one is above the law.god bless.Rajesh

We must say NO to immunity.....STOP. Entertaining immunity means entertaining COUPS. Fiji cannot afford this. Prosecute everyone and let Voreqe and Khaiyum challenge their status in a proper Court of Law. If Fiji is able to afford QC's to prosecute on Regime opponents then Fiji can also afford QC's to prosecute on Bai and Khaiyum. 'DRAG EVERYONE TO COURT AND LET THE LAW SORT EM OUT'.

Why compromise on immunity? The regime isn't compromising on anything, so why should we? And if they wanted amnesty, they should have acted by September 26.

The argument that we need to give these traitors immunity in order to have elections is naive in the extreme. Once secure with immunity, these same thugs will become even more arrogant and uncompromising, as hard as that might be to imagine.

This regime is already so arrogant that after inviting the ILO to come to Fiji to see 'the truth' for itself, it then kicked out the delegation, even though 15,000 Fijian jobs are now hanging on a single decision in Washington. Yet that's nothing compared to how the regime would act with immunity securely in hand.

To answer Semi Meo, everyone implicated in treason should have to answer to a Truth & Reconcilation Commission. Mitigating and aggravating circumstances would, of course, be taken into account.

Are we gonna throw all alleged culprits in jail and lock the cell until the end of their natural life? Not necessarily. The Commission would decide, but I'm guessing that some might be able to clear their names. Several will probably have to do time, but perhaps not more than a few years. Others -- mainly mid-level personalities -- will likely be able to shorten their sentences by turning state evidence against bigger defendents. Others, with aggravating circumstances, very well might spend the rest of their lives in prison, and deservedly so. And, since the Constitution has purportedly been abrogated, two or three might even hang for treason.

No immunity no election, why does it matter. We should not give in to the illegal thugs even if it takes one year or more to topple them. If the regime is really genuine to bring back parliamentary rule through election then it must return to barrack and let the democratic process takes its course. Full stop.

An effective way to deal with Treason is to implement the Rule of Law under Fiji's Constitution. there is no viable option.There has to be a very real and enforceable deterrent if future coups are to be obliterated once and for all from Fiji's Society. It's future and that of your children and Grandchildren, depend on it.A Truth and Reconciliation process has already been muted by Mr.Qarase's Government and deemed unconstitutional.It worked in South Africa, because those atrocities occurred before its New Constitution was established, unlike Fiji's whose Constitution was already operating when the High Treason and other atrocities occurred. I suggest that there is also potentially a conflict in regards to the various crimes committed, murder, torture and other human rights abuses, compared to crimes against The State, such as High Treason.If Fijians are to have a stable life, they should never compromise their Principles.No immunity , no favouritism.The Rule of Law must be upheld, it's imperative to do so.Perhaps mainstream Citizens need to be educated on their Westminster system of government and how it should operate in ideal circumstances, otherwise a new dictator will be able to get grass roots support again and recommence the whole process.If the common citizen understood the inherent dangers of an illegal overthrowing of a Legitimate and properly functioning Government, then perhaps the support from the outset, just wouldn't be there.

No immunity to anyone, if kayum/baini think they have done right, challenge in court after election, I feel they are guilty of their action , remember October 28 great day for Fiji, liberated from baini hahah!!!!!!!!!

Check out their constituency boundaries demarcation as we mentioned some time ago. The CCF cannot help itself but to show their hand. Once again CCF they read live and direct from the same script as the illegal and treasonous regime, of which it is an ad hoc member.

This is another round of cross-fertilization of thinking straight from their Charter farce which CCF is party to.

You can be sure with the "all in the family" bonds of CCF, Khaiyum, Ghai, Dakuvula, Vijay Naidu, Nazhat, Jane Ricketts etc, the final version of the constitution will more or less look like what CCF has just submitted. Never mind that many i-taukei have made repeated interventions advocating indigenous land rights during their submissions.

This is a sly attempt at headlining the 'no immunity' and 'caretaker govt' as a sweetener and selective amnesia on the 2009 CoA ruling, however as someone as just commented earlier: advocating "extra-constitutional means to such ends is treason."

OMG...seems to me that you are allpissed-off way up to here> and i don't blame any of you! I'm also pissed-off at the military leadership for putting us-you&me- through all these bullshit! I alsowant to tell them to forget aboutimmunity as i'd like to personallystrangled their frieken necks,withmy bare hands,for putting us all through their dictatorial rules? Okpeople calm-down,if we don't thinksthis through, if we don't rationalized the current situationswe might not, be able to get out ofit?Let's look at the Pakistan situation, which is quite similar to our situation?Both former British colonies.After Britain gaveup administration the military ofboth these countries have been pulling coups throughout their history? Pakistan has been ruled byits military coups, 4 times, in its 156 years history of independence?The latest been PervezMisharraf 2001-2008,who is currently in self exile in England.Fiji has done it 2 times.Militarycoups in both countries, seems tostay in power longer, than the civilian administrations, Why? I think that it's time for us to MAKE A DEAL! with our military leadership? May be an excellent ideas, is to invites retired militaryofficers, to run for office,etc,etc?

CMAG held its 38th Meeting in New York this week and deliberated once again on Fiji.

We welcome CMAG’s conclusion about the need for the military regime in Fiji to desist from further Human Rights Abuse and Breaches which has been well articulated internationally.

Further, CMAG has accepted the apparent erosion of the rule of law in Fiji. The Marshall Petition on the Corruption within the Judiciary is therefore vindicated.

The CMAG’s official position remains:

“…the group welcomed the broad-based national dialogue on Fiji’s future taking place, and commended the Constitutional Commission on its work to date. But Ministers also expressed concern about remaining restrictions on human rights and the rule of law in Fiji. They urged the government to address these in order to create the environment needed for credible constitutional consultations and elections”.

The CFDF reiterates that the present process lack credibility and transparency given the arbitrary control Bainimarama asserts over the constituent assembly. And, in particular, the immunity provision for coup perpetrators, beneficiaries and regime’s associates which all political parties, including the CCF, has rejected outright. Further, the tainted Attorney General’s control over the office of the elections supervisor is indeed unacceptable negating any credibility, the Yash Ghai Commission currently enjoys.

In joining CCF and SDL/FLP/NFP/UGP submission to the Pacific Forum, we support the appointment of a caretaker civilian government replacing the Military led regime. In order to create an environment conducive for free, fair and credible elections, military must withdraw from the executive and civil service to allow a civilian administration to manage the transition to constitutional government within the next 22 months if not earlier.

Like the CMAG, the Pacific Forum has reiterated that Elections must not only be held but it has to be free and fair and be internationally acceptable. The present process is not even remotely close to the specific international expectation. No amount of propaganda can change the fact that the CMAG, Pacific Forum and the EU would be measuring any Elections against these standards and not on the basis of the self- imposed propulsions of one Aiyaz Khaiyum.

Dakuwaqa never made a 'constitutional submission', probably because it is unconstitutional, but I agree with him completely that extra-constitutional means to such ends is treason, the military must return to the barracks, we don't negotiate with terrorists, the RFMF must have new leadership, we should Just Say No to Immunity, and until we have a Free Fiji, we should not be discussing the dismantling of constitutionally prescribed institutions like the GCC. Antidisestablishmentarianism!